[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Rules and Regulations]
[Pages 69915-69916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22901]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 111405B]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2005 Tilefish 
Commercial Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS closes the commercial fishery for tilefish (goldface 
tilefish, blackline tilefish, anchor tilefish, blueline tilefish, and 
tilefish) in the exclusive economic zone (EEZ) of the Gulf of Mexico. 
NMFS has determined that the tilefish quota for the commercial fishery 
will have been reached by November 21, 2005. This closure is necessary 
to protect the tilefish resource.

DATES: Closure is effective 12:01 a.m., local time, November 21, 2005, 
until 12:01 a.m., local time, on January 1, 2006.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350, 
fax 727-824-5308, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf 
of Mexico Fishery Management Council and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act by regulations at 50 CFR part 622. Those regulations set the 
commercial quota for tilefish in the Gulf of Mexico at 0.44 million lb 
(200,000 kg) for the current fishing year, January 1 through December 
31, 2005.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect in the Federal Register. Based on current 
statistics, NMFS has determined that the available commercial quota of 
0.44 million lb (200,000 kg) for tilefish will be reached on or before 
November 21, 2005. Accordingly, NMFS is closing the commercial tilefish 
fishery in the Gulf of Mexico EEZ from 12:01 a.m., local time, on 
November 21, 2005, until 12:01 a.m., local time, on January 1, 2006. 
The operator of a vessel with a valid reef fish permit having tilefish 
aboard must have landed and bartered, traded, or sold such tilefish 
prior to 12:01 a.m., local time, November 21, 2005.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of tilefish in or from 
the Gulf of Mexico EEZ, and the sale or purchase of tilefish taken from 
the EEZ is prohibited. The prohibition on sale or purchase does not 
apply to sale or purchase of tilefish that were harvested, landed 
ashore, and sold prior to 12:01 a.m., local time, November 21, 2005, 
and were held in cold storage by a dealer or processor.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would 
be unnecessary and contrary to the public interest. These procedures 
are unnecessary because the regulation requiring the closure has been 
subject to notice and comment, and all that remains is to notify the 
public of the closure. For these same reasons, there is good cause that 
the implementation of this action cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is 
waived.

[[Page 69916]]

    This action is required by 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-22901 Filed 11-15-05; 2:16 pm]
BILLING CODE 3510-22-P